KITE v. KITE

No. 10-1442.

62 So.3d 313 (2011)

R. Alan KITE v. Jeffrey D. KITE and Transamerica Occidental Life Insurance Company.

Court of Appeal of Louisiana, Third Circuit.

April 6, 2011.


Attorney(s) appearing for the Case

Phillip W. DeVilbiss , Scofield, Gerard, Singletary & Pohorelsky, Charles, LA, for Defendant/Appellee, Jeffrey D. Kite.

Richard E. McCormack , Irwin Fritchie Urquhart & Moore LLC, New Orleans, LA, for Defendant/Appellee, Transamerica Occidental Life Insurance Company.

Kenneth Michael Wright , Lake Charles, LA, for Plaintiff/Appellant, R. Alan Kite.

Court composed of OSWALD A. DECUIR, JIMMIE C. PETERS, BILLY HOWARD EZELL, J. DAVID PAINTER, and JAMES T. GENOVESE, Judges.


PAINTER, Judge.

Plaintiff, R. Alan Kite (Alan), filed this suit to partition a life insurance policy issued by Transamerica Occidental Life Insurance Company (Transamerica) that he co-owned with his brother, Jeffrey D. Kite (Jeffrey). The trial court granted Jeffrey's exception of no cause of action and dismissed Alan's petition with prejudice. For the following reasons, we reverse and remand for further proceedings consistent with this opinion.

FACTUAL AND...

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